Pechanga Gets Support in Water Rights Issue. Are Allottee's Water Rights Protected?

Yesterday, the Pechanga Band of Luiseño Indians Water Rights Settlement Act was introduced in the United States Senate (S. 1219) and House of Representatives (H.R. 2508).    

Senator Barbara Boxer (D-CA) introduced the bill in the Senate and was joined by Sen. Dianne Feinstein (D-CA), an original cosponsor. 

Cong. Ken Calvert (R-CA) introduced the bill in the House of Representatives and was joined by a bipartisan list of lawmakers who co-sponsored the legislation including Cong. Duncan Hunter (R-CA), Cong. Darrell Issa (R-CA), Cong. Jeff Denham (R-CA), Cong. Doug LaMalfa (R-CA), Cong. Paul Cook (R-CA), Cong. David Valadao (R-CA), Cong. Tom Cole (R-OK), Cong. Raul Grijalva (D-AZ), Cong. Betty McCollum (D-MN), Cong. Tony Cardenas (D-CA), Cong. Raul Ruiz (D-CA), and Cong. Dan Kildee (D-MI).

Pechanga Tribal Chairman Mark Macarro said, “Generations of Pechanga leaders have endeavored to secure our access to this important resource and there is nothing more important to the future of our tribe.  This Settlement will finally secure a permanent source of water for our tribal members for generations to come, while ending the costly and protracted litigation process.  We extend our thanks to Sen. Boxer and Sen. Feinstein for their support in the Senate.  We are also grateful for Cong. Calvert’s leadership on this bill in the House and we look forward to working with Congress and the Administration to bring this next and final chapter to a close.”

The Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act quantifies the Band’s reserved water rights in the Santa Margarita River Watershed.  The legislation also authorizes necessary infrastructure to guarantee a permanent supply of water to the Band through cooperative agreements with the local water purveyors, including Rancho California Water District, Eastern Municipal Water District and Metropolitan Water District.  Importantly, the legislation will provide a coordinated effort by the parties to manage the water within the basin that will bring all residents of the Pechanga Reservation a safe and dependable water supply for the future. 

The authority for Congress to legislatively settle Pechanga’s water rights resides in Article I, Section 8, Clause 3 of the Constitution, which grants Congress with the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

We wrote about this issue in 2011 when the Tribe LIED to Congress that only a dozen or so allottees had interest in the land, when there were closer to 200.  Here's that link.

http://www.originalpechanga.com/2011/02/bias-amy-dutschke-recognizes-trust.html

From the BIA letters, here is where the DOI admits to our water rights:

The Department of the Interior recognizes that allottees have water rights on allotted lands and that the United States has a trust responsibility, independent of any responsibility to the Pechanga Band, to protect those interests.

The Department is currently reviewing the proposed settlement legislation and its effect on allottees within the Reservation.

Please remember that the Hunter family is one of the few original allottees to maintain their land on the reservation.  We have homes on the original 20 acres we were allotted in 1895.  We were part of the Temecula Band of Luiseno Indians, which somehow disappeared and became the Pechanga Band of Luiseno Indians, which has FEW allottees in the tribe. 

BREAKING: CA SENATE APPROVES NORTH FORK CASINO

Senate votes 22 - 11 to APPROVE North Fork Casino

Steinberg says we must be consistent in respecting Native American's history.  And their connections to the land.  Mentions Chukchansi issues working towards resolution.

Roderick Wright in closing statement says North Fork will be paying into problem gambling fund. Mentions Wiyot tribes benefits.

Obama Admin Broadens Exemption for Native Americans on Obamacare

The Obama administration on Wednesday broadened an exemption for American Indians from the new health care law's requirement that virtually every U.S. resident has health insurance starting next year.

New rules clarify that people who are eligible to receive medical care through the federal Indian Health Service will be exempt from the requirement to have health insurance or face fines from the Internal Revenue Service. The Indian Health Service, a division of U.S. Health and Human Services, oversees a network of clinics that are required through treaty obligations to serve all patients of Indian ancestry, even if they cannot document their federal tribal status.

"Today, we continue to fulfill our responsibility to consult and work with tribal communities," Health and Human Services Secretary Kathleen Sebelius said in a statement.

Last month, The Associated Press reported that the Affordable Care Act exempted only American Indians and Alaska Natives who can document their membership in one of about 560 tribes recognized by the U.S. Bureau of Indian Affairs. Yet more than 100 tribes nationwide are recognized only by states and not the federal government.

That meant thousands of people who consider themselves Native Americans would have to buy their own health insurance policies or pay a $695 fine to the Internal Revenue Service unless they could prove they were eligible to claim an exemption under the Affordable Care Act. The health care law mandates that all Americans carry insurance, with just a few exemptions.

Caitrin McCarron, manager of congressional relations at the National Indian Health Board, said tribal advocates are pleased that the administration added an exemption for Native Americans who are eligible for services through an Indian health care provider. But the board is still pushing for Congress to change that section of the federal law.

"We are really pleased that HHS decided to move forward with this exemption," McCarron said. "However, we still believe that this was a stop-gap measure. Because it's not a legislative fix and it's the secretary's exemption waiver, a future secretary could reverse the policy."

While the exemption provides Native Americans who aren't part of a federally recognized tribe with some financial relief, other discrepancies remain. Jay Stiener, an analyst with the National Council of Urban Indian Health in Washington, D.C., said some Native Americans could be on the hook for co-pays, deductibles and other cost-sharing requirements.

Also, he said members of federally recognized tribes are eligible to enroll throughout the year but not others.

The 2010 Census found that nearly one-third of the 6.2 million people who self-identify as American Indian or Alaska Native lack health insurance and that 28 percent live in poverty.

In California alone, about 21,000 people who currently receive free health care through Indian clinics are not recognized as Native American by the federal government and would have to pay the penalty, according to the nonprofit California Rural Indian Health Board.

Chukchansi Corruption Probe Alleges Millions Missing, Federal Gun Law Violations, Massive Financial Losses

Wall Street Journal has the story of "your cronies are criminal, but my cronies are great" fight between two corrupt factions at Chukchansi.

An exhaustive 100-day preliminary investigation into allegations of corruption and fraud against a pair of former Chukchansi Tribal Council members has produced hundreds of pages of evidence of wrongdoing, according to a preliminary report issued by a team of independent investigators hired by the Chukchansi Tribal Council and the Tribal Gaming Commission.

The 62-page preliminary report, authored by a team including former FBI agents and forensic accountants who have reviewed thousands of pages of financial documents and interviewed dozens of witnesses, details alleged "unethical and criminal activities" committed by since-expelled Tribal Council Members Reggie Lewis and Chance Alberta.

Among the allegations detailed in the preliminary report:

   -- The Lewis faction, according to investigators, drew on bank accounts in
      violation of the Tribe's laws and procedures and the federal Indian
      Gaming Regulatory Act. These alleged violations include 19 checks and two
      wire transfers worth more than $2.7 million.

   -- While claiming to have been wildly successful in developing subsidiary
      companies for Chukchansi, Inc., the Lewis faction, say investigators,
      have concealed massive financial losses by the subsidiaries and hidden
      their failure to pay tens of thousands of dollars in California state
      taxes.

   -- A $1,900 shotgun reportedly purchased by Chance Alberta and given as a
      gift to a tribal vendor potentially violates federal gun laws concerning
      "straw man" purchases, according to investigators. (NOTE:  very similar to what Gabby Giffords husband did.)

   -- Alberta, the investigators report, has used a tribal debit card to make
      tens of thousands of dollars in personal purchases, including "shoe
      stores, iTunes, $3,452 to a Motorcycle company in Tennessee, huge numbers
      of payments to 'Saddleback Leather' which makes high quality briefcases,
      bags and wallets, regular payments of $100 to $200 to a local flower
      company (owned by an Alberta relative) and many other questionable travel
      and meal expenditures."

CA Sentate Vote on North Fork Rancheria Scheduled TODAY

The state Senate is expected to vote Thursday on an agreement to allow the North Fork Rancheria Band of Mono Indians to build a casino in Madera County.

 The pact has drawn fire from critics who warn about giving tribes too much leeway in where they can build gambling centers. It passed the Assembly back in May.

Leader of APARTHEID Indian Nation, Mark Macarro OPPOSES North Fork Rancheria's Casino Plans.

Capitol Weekly has the story on the CA Senate soon to approve the NORTH FORK RANCHERIA's casino plans. CA's Indian Tribes don't want another tribe to benefit from their market share.  Even the leader of a tribe that practices apartheid on their reservation (Mark Macarro of Pechanga) opposes it.  How bad does it have to be for a civil rights abusing, apartheid practicing leader to oppose it?

Remember when Macarro tried to keep Californians from voting?

Despite objections of a dozen Indian tribes operating casinos across California, the Senate is expected to approve legislation this week allowing the North Fork Rancheria Band of Mono Indians to build a hotel casino complex near Madera – the first off-reservation tribal casino authorized in the state.

North Fork says its 2,000-slot casino and 200-room hotel will jumpstart the economic livelihood of its 1,900-member tribe and buoy the area’s depressed rural economy.

“Ratification of our compact is going to bring jobs to the area and build up the economy,” Elaine Bethel Fink, chairwoman of the North Fork tribe, told Capitol Weekly.

The project helps the tribe, of course, but it also helps people who want both construction jobs and permanent jobs with full benefits once the project is completed.”

North Fork would become the 63rd of California’s 109 federally recognized tribes to enter the casino business.

California Indian gaming generated an estimated $6.9 billion in 2011, according to the annual Casino City Indian Gaming Industry Report, released in March. Indian gaming revenues in California, the largest of any state, peaked at $7.3 billion in 2008.

Opponents, particularly tribes already operating casinos, say North Fork is “reservation-shopping” by being able to build its casino complex just off Highway 99, 36 miles from their secluded rancheria near Yosemite.

Another worry of tribal casino owners is that approval of North Fork’s 20-year compact will cut into their profit by making it easier for potential customers to instead gamble at casinos built closer to urban areas.

“The fact that every local tribe stands united in opposition to this project is evidence that the approval of the North Fork compact is not a sound solution,” Mark Macarro, tribal chair of the Pechanga Band of Luiseno Indians, told lawmakers before the compact reached the Senate floor.

     Read Capitol Weekly’s Article

Judge Orders Sheriff to Remove Money from Chukchansi Till. Tribe fails to PAY $725,000. They Not Only Cheat their Own, they Cheat Others TOO

 A Madera County judge has ordered Sheriff John Anderson to go to Chukchansi Gold Resort & Casino and remove money from the casino till to recover money in a settlement for a former casino manager who sued the tribe.

The payout stems from a lawsuit by ex-casino and hotel manager Matt Olin, who is owed $725,000 after he was fired last year. He was in the middle of a five-year contract and the tribe waived its sovereign immunity to employ him.

That allowed Olin to file a lawsuit against the Chukchansi Economic Development Authority, an unincorporated arm of the tribe, if the tribe failed to live up to the contract.

Olin reached a $725,000 settlement but originally wanted far more, said Richard Verri, who represents a tribal faction led by Reggie Lewis.

But the other Chukchansi tribal council faction, led by Nancy Ayala, will fight the "till tap" ruling by Judge Michael Jurkovich.

His ruling, which must be carried out by the end of November, said that if the tribe fails to pay Olin from casino proceeds, he can go after other tribal assets to enforce the judgment

Read more here: http://www.mercedsunstar.com/2013/06/22/3080405/chukchansi-till-tap-ordered-by.html#storylink=cpy

Christine Luker, Of Pechanga's Pico Family Walks On.

CHRISTINE DOLORES LUKER Age 62, of Menifee, died June 15, 2013 after a lengthy illness. Born in Riverside on March 16, 1951, and into the Pico Family of Pechanga,

Visitation will be held on Monday, June 24, 2013 from 5:00 p.m. to 8:00 p.m. with Rosary recited at 6:00 p.m. at Evans-Brown Sun City Chapel, 27010 Encanto Drive, Sun City, CA. A Funeral Mass will be celebrated on Tuesday, June 25, 2013 at 10:00 a.m. at St. Martha's Roman Catholic Church, 37200 Whitewood Drive, Murrieta, CA. Interment will follow at Perris Valley Cemetery, 915 N. Perris Blvd., Perris, CA.

Christine's Uncle, Norman Pico   Stood up for the two families who were disenrolled, citing the injustice.  Chairman Mark Macarro sent emails to him that were deragatory in nature....

Corrupt and Vindictive Pala Chairman Robert Smith Responds to Article on Pala's Shameful Acts

Thanks to our friends at PALA WATCH      we have a letter from the DESPICABLE ROBERT SMITH seeking to correct the story in a recent article in the San Diego Reader. See the link for the REAL details of the Brittain family. Apparently, the rotund Smith isn't paying attention. br />
Attention to Detail

Determining who is and is not a member of an Indian tribe is a decision that requires meticulous attention to detail. That is why it is critical for me to correct several major inaccuracies in the June 6 cover article, “Can You Find the Big Secret in this Casino?”

Decisions regarding tribal membership are always difficult. The individuals who are disenrolled are relatives, friends, and neighbors who we have all grown up with.

As new facts are discovered about key events in the tribe’s history, there are consequences in today’s world. It is unfortunate that mistakes were made a long time ago. But those who blame other people for these mistakes are ignoring the facts. You would not perpetuate a mistake simply because everyone has become accustomed to it, and the Tribal Council has a duty to correct these mistakes.

The most important factual errors in the recent article concern Margarita Brittain, and the blood quantum to be a Pala member. Brittain was not six or seven years old in 1903; she was 46 or 47. Additionally, the blood requirement to receive a land allotment in 1913 for any Native American was 50 percent. This was determined by the federal government, not by the Pala tribe. The blood quantum to enroll as a Pala member was not even established until the 1960s.

The other critical mistake is the characterization of the relationship between disenrollments and per capita distribution. The article incorrectly asserts that because some tribal members were disenrolled that other tribal members will see increases in per capita distribution.

The Pala Tribe follows strict guidelines in the Indian Gaming Regulatory Act (IGRA) that designate the way the tribal government uses funds. It is irresponsible to suggest that this was the motivation for the Tribal Council’s actions, and only perpetuates the misstatements of those who are ignoring the truth.

Additionally, the Pala General Store was not established in 1867. There was a Pala General Store established in 1897, but it was not owned or operated by the Freeman family. The Pala store that exists today was established much later.

Also, there are nearly 1,000 members of the Pala Tribe, not 800.

There are also several statements that mischaracterize the realities of the situation. The author’s characterization of the Pala casino as a “garish” contrast to the rest of the reservation is misleading. During the past twelve years, we have made many modern improvements. We have a tribal housing program that has constructed beautiful homes for members.

We take pride in caring for our reservation, which includes maintaining our ten-year-old — not brand-new — administration complex.

We have enhanced our tribal cemetery with ornamental fencing and a veterans memorial. The Pala Mission cemetery is equally well-cared for — not overrun with wildflowers. The white picket fence described in the article does not even exist, as the cemetery is surrounded by a stone and concrete wall.

While these corrections might seem like quibbles, how can the reader trust the accuracy of the reporting when such easily verifiable details are reported so inaccurately?

Finally, as it relates to revenge threats against members of the Tribal Council, the threats are real and could easily be found if the editor had thought to verify the information. Despite the threats, no one has hired armed security guards to follow anyone around.

I only correct these details because, as I mentioned, the determination of tribal membership requires great attention to detail, and complete accuracy. Things that seem like minor mistakes have significant consequences down the road. I urge the San Diego Reader and its readers to strive for this same standard.

Robert Smith
Chairman, Pala Band of Mission Indians


READ Pals’s Big Gamble

Press Release: Candidate for Cherokee Nation Council seeks injunction from US 10th Circuit Court of Appeals

Case number in 10th circuit is 13-5078

Just one day after a Tulsa federal Judge denied Cherokee Council candidate Robin Mayes' request for an emergency restraining order that asked that Saturday's Cherokee Election be held open until descendents of Cherokee Slaves are allowed to vote has filed for an injunction to do the same in United States Court of Appeals for the Tenth Circuit.

"I've exhausted all Tribal remedies on this violation of civil rights for federally-recognized Cherokee Citizens who have been wrongfully denied their right to vote," said Mayes.  " Now, I don't think it's right for me not to appeal to the higher Court."

The injunction seeks relief that includes the extension of the June 22 election and to remain open so that decedents of Freedmen can prove their citizenship and be permitted to cast ballots as they choose.  Additionally the injunction would provide for a continuing process of registration and voting rights pending the final resolution of this action.

"What we have here is a fraud perpetrated on ALL Cherokee Citizens as their Cherokee Constitution has been circumvented and corrupted in order to accomplish the removal of a class of Cherokee Citizen that would oppose the incumbent elite political machine," said Mayes.  "The federal government recognizes the 1975 Constitution that requires their approval of an amendment that violates the 1866 Treaty.  

The Cherokee Nation of Oklahoma claims that under the new unapproved constitution of 1999 they do not need federal approval to expel Cherokee Citizens with slave ancestry.  All Cherokee Citizens will be the victim of this fraud if we lose our sovereign status by violating treaties.  We could lose the gaming operations,  federal funding for programs and services including housing and car tags," he continued.

If an injunction is not issued before the counting and certification of the election is complete it is possible that the election will be challenged and a new election held, similar to the circumstances of the 2011 Chief's election.

Contact: Robin Carter Mayes, Candidate for Cherokee Council At-Large    
Phone: (940) 206-0537
E-mail: UCNchiefMayes@clear.ne

Pala's BIG GAMBLE: LA Weekly Covers the Increasingly Sad Story Of Pala's Shame

"Will anyone come out here to the middle of nowhere?" many Pala members wondered when the casino was built in 2001, followed by a sprawling hotel, on loans of more than $200 million. It has since become one of Southern California's most profitable gaming palaces.

Tribe members have benefited: Today, each receives monthly payouts that add up to more than $150,000 per year, as well as free health care and free college. Members who reside on the reservation don't have to pay state income tax. Though some still live in run-down homes, parts of the reservation feel like a posh suburb, as luxury cars cruise past a gleaming sports complex and administration building. Minors receiving payments via a trust often are presented with huge checks when they come of age, so long as they graduate high school.

But with big money has come some big problems: Longtime members have been kicked out, resulting in bitter feuds about who should be considered a member of the tribe, who deserves the payouts and even what it means to be Native American.

While the Pala casino has finally allowed the tribe's members entree to the American dream, it also has turned neighbors against one another — with devastating consequences.

 Critics of the tribe's leadership say it's no coincidence that a huge swath of Pala's members have been dropped from the rolls in recent years. Less money coming in, they say, has caused the leadership to take desperate measures to maintain the status quo — a witch hunt resulting in the removal of about one-sixth of the tribe, for supposedly lacking sufficient Pala blood.

The leaders deny any connection between falling revenue and the disenrollments, but the tribe has been split into a two-tiered society: the haves and the have-nots. The two factions grew up together, went to school together and, in many cases, live practically side by side. The only difference is that some of them get $150,000 per year, and subsidized home loans, and free college.

The others get nothing.

READ THE REST of Pals’s Big Gamble

And read more on the sad state of affairs at the Pala Reservation:


Pala Disenrollments

Pala dispute

Pala disenrolled 162 members

WHERE is Chukchansi's MONEY Asks Wells Fargo. ANOTHER DEFAULT Looming?

 The ongoing leadership dispute at the Picayune Rancheria of Chukchansi Indians has put the tribe at risk of defaulting on its bonds for Chukchansi Gold Resort & Casino, according to a lawsuit filed Tuesday in New York.

A $250.4 million agreement was reached last year when Chukchansi's economic development authority restructured its financing after the tribe struggled to pay its debts.

But the tribal dispute over who controls the Coarsegold casino's funds left the development authority unable to make its full May payment.

"The actions of the tribal parties and individual defendants endanger the collateral (casino revenue) and place the financial well-being of the casino in danger," the suit filed by Wells Fargo Bank said.

The suit is against the tribe, its casino-affiliated corporations and commissions, competing tribal council factions, as well as three financial institutions that hold proceeds from the casino.

Wells Fargo holds the note for casino investors. The Chukchansi Economic Development Authority agreed to a 9.75% interest rate to restructure its debt.

The tribe was supposed to pay off $310 million in loans last year, but couldn't make the payments. Instead, the tribe arranged an agreement with bondholders to restructure its debt to be due in 2020 and allow a longer-term payback for much of the remaining loan. The previous interest rate was 8%.

Wells Fargo declared itself "an innocent bystander" in the tribal dispute between two factions that contend they represent the tribe -- one led by Reggie Lewis and the other by Nancy Ayala.

The bank's lawyers said Wells Fargo has "done everything it can to resolve the issue consensually, but is left with no choice but to seek the court's intervention" by filing the suit.

The Ayala group took control of the tribal business complex and casino after a February referendum the Lewis faction contends was unconstitutional.

The Lewis group then took control of a Rabobank account used to pay off casino debt. Rabobank officials didn't recognize the Ayala group's leadership and the Ayala group refuses to deposit money into the Rabobank account.

Since the last week of February, "presumably because of the disputes," the tribe stopped depositing revenues and cash into the Rabobank accounts, which violates the agreement with Wells Fargo and the tribe's bondholders, the suit said.

The Rabobank account is designed to use proceeds from the casino and make twice yearly bond payments of $11.93 million.

A partial payment was made in May, which constitutes "an event of default," the lawsuit said.

Wells Fargo lawyers say money was available for the full payment if not for the ongoing factional dispute.

Read more here: http://www.fresnobee.com/2013/06/19/3351430/bank-tribal-dispute-puts-chukchansi.html#storylink=cpy

Chukchansi Tribe's "Leaders" Have Earned Scorn & Mockery. Should the BIA withdraw Recognition?

We’ve read so much about the issues at Chukchansi.  Does anyone really believe that the three groups led by Morris Reid, Nancy Ayala and REGGIE LEWIS have the best interest of the tribe as their priority, or the best interest of themselves?

All three of these so-called leaders were proponents of the first disenrollments in the tribe in 1999 and 2006.  They cut 800 tribal members from their heritage and rights as Native Americans.   Is that what someone who purports to care about the tribe does?  I think not.

These actions against their own people and those subsequent disenrollments documented by the Sierra Star News, have led to violence ( Chukchansi Tribe at War With Each Other ) and huge police presence to protect Chukchansi’s shrinking number of citizens from their own leaders.  Is THIS what was meant by tribal self reliance?

Nancy Ayala wants to limit the Chukchansi membership to 46 people.  Is she serious?  Taking a once prominent tribe to such a small number is unconscionable. A real leader would be making it tribe STRONGER, by restoring their membership to 1998 levels and enrolling any who rightfully belong.

All three “leaders” are culpable in the destruction of the Chukchansi tribe.  Yet blinded by their own ambitions, they can’t see the damage they are doing with their depopulation efforts..

Help these leaders see the light.  How, you ask?  Ask your congressperson to set up field hearings on the issue.  Ask for enforcement in the Indian Civil Rights Act.  And most importantly:  DO NOT FEED THE GREED.

Simply quit going to Chukchansi Gold Resort and Casino.   Dry up the income stream and let them KNOW WHY you are no longer coming.  Let them know you refuse to support their corruption and greed.

But what about sovereignty, you may ask?  Yes, they are a sovereign nation, but then, so was South Africa, and we used moral persuasion to get them to eliminate apartheid.  You can do the same at Chukchansi. Let them know you expect them to act humanely towards their people or they won’t get your entertainment dollars.   Help them to see that being corrupt is not a long term solution.

Bring ALL the Chukchansi people home.

Read more about the Picayune Band of Chukchansi Indians: Bedbugs at Chukchansi

Chukchansi Violence

Picayune Rancheria of Chukchansi Indians

Read about Chukchansi Language Speaker RUBY CORDERO

COURT DENIES MAYES MOTION FOR EMERGENCY RESTRAINING ORDER Against Cherokee Nation

As expected, Cherokee council candidate Mayes' motion is denied.

Case 4:11-cv-00648-TCK-TLW Document 205 Filed in USDC ND/OK on 06/18/13 Page 4 of 4

Non-party Mr. Mayes’ “Motion for Emergency Restraining Order” (Doc. 203) is DENIED. 
The Court finds it unnecessary to order responsive briefing or to conduct an evidentiary hearing, and 
Mr. Mayes’ Motion for Hearing (Doc. 204) is DENIED. If the Motion to Intervene (Doc. 202) is
moot in light of this Order or the election held June 22, 2013, Mr. Mayes shall withdraw such 
motion no later than Wednesday, June 26, 2013. 

SO ORDERED this 18th day of June, 2013. 

TERENCE C. KERN 
United States District Judge


Read about that motion:   http://www.originalpechanga.com/2013/06/cherokee-nation-tribal-council.html